Illinois Permits/Licenses This State Honors How to Apply for A Permit
Transcription
Illinois Permits/Licenses This State Honors How to Apply for A Permit
Links Illinois Shall Issue Must Inform Officer: NO (See Must Inform Officer Section) State Firearms Site Illinois State Police IL Carry Law FAQs From ISP Live Scan Locations FOID Card FAQs Apply for FOID Card State FAQ Site (Not updated with new law) Firearms Admin Rules Municipal Ordinances State Statutes State Admin Rules State Attorney General IL Firearm Trainers IDNR FAQs Last Updated: 8/5/14 Permits/Licenses This State Honors Illinois does not honor any other states Permit/License. IL State Sen. Jason Barickman (R) has publish a synopsis of the New Carry Law Here. How to Apply for A Permit Note: By the Act the Illinois State Police have 90 days from date of submission to issue a permit. You do not have to submit fingerprints with your application but if you choose not to submit fingerprints they have an extra 30 days to process your application. _______________________ Illinois Residents 16 hours of Concealed Carry firearms training provided by an ISP approved Instructor. Electronic Copy of my training certificate(s). You will be required to upload your electronic certificate during the application process. An Illinois Digital I.D. Visit the Illinois Digital ID website to obtain one. (Note: It looks like you have to have JAVA on your computer to get a Digital ID.) NOTE: A separate website link is available if you have forgotten your Illinois Digital I.D. username and/or password. If you have questions, visit the Illinois Digital ID website FAQ page or call the Central Management Services Help Desk at 1-800-366-8768 for assistance with the Digital ID. Questions regarding the Concealed Carry License application process should be directed to the Illinois State Police at 217-782-7980. A Valid Driver’s License or State Identification card. www.handgunlaw.us 1 A valid FOID card. A head and shoulder electronic photograph taken within the last 30 days. Be able to provide the last ten years of residency. Fingerprints – Electronic fingerprints will expedite your application! Specify to the Live Scan vendor that your fingerprint application is for the Concealed Carry application (ORI = IL920707Z, Purpose Code = CCW). NOTE: Applicants will be assigned a transaction control number (TCN) at the time of fingerprinting and will be required to retain that TCN to complete the application. $150.00 payable with a credit card or electronic check. The FCCL will be valid for 5 years. Note: For more information on applying from the Illinois State Police go Here. Note: Information and release of Medical Records Information etc for the Department to access will be on the Application. Training must be taken from a state certified instructor. Training must be 16 hours. Up to 8 hours training from previous training if approved by the state can apply to the 16 hours required by the state. Prior Training that meets Illinois Criteria can be seen Here. You can find a Trainer Here. Appling by Phone Applicants can contact the ISP Firearms Services (FSB) Customer Service Center phone line at (217) 7827980 and provide a FSB call taker with the same CCL application information that is currently required through the CCL on-line process. The FSB call taker will need the applicant’s full name, any previous names, date of birth, driver’s license number or state ID, Firearms Owner Identification (FOID) card number, current mailing address, ten years of previous address history, fingerprint Transaction Control Number (TCN) (which is optional), training instructor’s name and the Concealed Carry Trainer’s Identification (CCTID) number. Applicants should have this information readily available prior to calling the FSB Customer Service Center phone line. Upon validation of the FOID number and driver’s license or identification card, payment in the form of credit card or electronic check will be needed and securely processed by the FSB call taker. Once the CCL telephone application interview is completed and payment confirmed, the applicant will receive the application in the mail. Upon receipt, the applicant must review the application for accuracy, initial all required areas, answer the background check questions, and sign and date the application. The applicant must also attach a 2 inch by 2 inch headshot photo (shoulder to head) taken within the last 30 days and provide all required training certificates. The completed application, photo, and training certificates must be returned to the ISP through the U.S. Postal Service before the application will be processed and a license issued. Firearms Owners Identification Card (FOID Card) The FOID card was created in 1968, by the FOID Act, as a way to identify those persons eligible to possess and acquire firearms and firearm ammunition as part of a public safety initiative in the State of Illinois. Q. Who needs a FOID card? A. Unless specifically exempted by statute, any Illinois resident who acquires or possesses firearm or firearm ammunition within the State must have in their possession a valid Firearm Owner's Identification (FOID) card issued in his or her name. www.handgunlaw.us 2 Q. Where can I obtain a FOID application? A. A FOID application can be downloaded from the Illinois State Police website at http://www.isp.state.il.us/foid/foidapp.cfm or applications may be obtained at most retail stores where firearms are sold. Note: Admin Code 1230.30 now states “Card shall expire 10 years from the date of issuance.”It does not state cards issued after a certain date but just states they will expire 10 years from issuance. The Rule did state 5 years before the change. Note: The State Preempts all handgun laws in the state and all handgun restrictions passed by local governments are null and void. Local authorities still have the authority to restrict long guns and their bans on long guns are still valid. No new restrictions on long guns can be passed by local authorities 10 days after their Concealed Carry Law takes effect. Previously I had listed that the FOID and FCCL would be combined. I can no longer find that in the Administrative Rules. Non-Resident Permit The Illinois State Police have released the following for those states that meet the criteria for their residents to apply for a Non-Resident Permit. You can view the list as pasted below by clicking on “Checklist Prior to Applying” at this Link: https://ccl4illinois.com/ccw/public/home.aspx NON-RESIDENTS In accordance with 430 ILCS 66/40 (b), out of state residents may be eligible for an Illinois Concealed Carry License if your state meets the definition of substantially similar as established by rule. See 20 Il. Admin. Code 1231.10. Currently, the states identified below have been determined to have laws related to firearm ownership, possession, and carrying that are substantially similar to the requirements to obtain a license under Illinois’ law; and, therefore, may apply for an Concealed Carry License. This list will be updated as additional states are identified as substantially similar. Further Information concerning the regulations for non-resident applications can be found at 20 Il. Admin. Code 1231.110. 1. Hawaii 2. New Mexico 3. South Carolina 4. Virginia Note: Only residents of the states listed above have been approved by the Illinois State Police to apply for an Illinois Non-Resident Permit. See Chart of States and Requirements as set forth by IL St. Police Here) As stated they will update this list if other states have criteria that meets their stands for their residents. Illinois law states you must have a permit/license from your home state if applicable to apply for an Illinois permit. If you don’t have your resident permit/license Handgunlaw.us at this times believes you can not apply for an Illinois Non Resident Permit to Carry and will only accept applications from residents of states listed above. _______________________________________ Non-Residents 16 hours of Concealed Carry firearms training provided by an ISP approved Instructor. An electronic copy of a valid concealed carry license from my home state. Electronic Copy of my training certificate(s). You will be required to upload your electronic certificate during the application process. A head and shoulder electronic photograph taken within the last 30 days. An Illinois Digital I.D. Visit the Illinois Digital ID website to obtain one. www.handgunlaw.us 3 NOTE: If you have questions, visit the Illinois Digital ID website FAQ page or call the Central Management Services Help Desk at 1-800-366-8768 for assistance with the Digital ID. Questions regarding the Concealed Carry License application process should be directed to the Illinois State Police at 217-782-7980. A Valid Driver’s License or State Identification card. Be able to provide the last ten years of residency. A notarized affidavit documenting the applicant’s eligibility under both state and federal laws, the understanding of the laws pertaining to possession and transport of firearms, acknowledgment the applicant is subject to the jurisdiction of the Illinois State Police and the Illinois courts and that the applicant meets the mental health standards in Illinois to obtain a firearm. $300.00 payable with a credit card or electronic check. Note: Non-Residents may be able to apply via telephone. See How to Apply section above for Residents. You would most likely apply the same way. Note: For more information on applying from the Illinois State Police go Here. Places Off-Limits Even With A Permit/License Section 65. Prohibited Areas. (a) A licensee under this Act shall not knowingly carry a firearm on or into: (1) Any building, real property, and parking area under the control of a public or private elementary or secondary school. (2) Any building, real property, and parking area under the control of a pre-school or child care facility, including any room or portion of a building under the control of a pre-school or child care facility. Nothing in this paragraph shall prevent the operator of a child care facility in a family home from owning or possessing a firearm in the home or license under this Act, if no child under child care at the home is present in the home or the firearm in the home is stored in a locked container when a child under child care at the home is present in the home. (3) Any building, parking area, or portion of a building under the control of an officer of the executive or legislative branch of government, provided that nothing in this paragraph shall prohibit a licensee from carrying a concealed firearm onto the real property, bikeway, or trail in a park regulated by the Department of Natural Resources or any other designated public hunting area or building where firearm possession is permitted as established by the Department of Natural Resources under Section 1.8 of the Wildlife Code. (4) Any building designated for matters before a circuit court, appellate court, or the Supreme Court, or any building or portion of a building under the control of the Supreme Court. (5) Any building or portion of a building under the control of a unit of local government. (6) Any building, real property, and parking area under the control of an adult or juvenile detention or correctional institution, prison, or jail. (7) Any building, real property, and parking area under the control of a public or private hospital or hospital affiliate, mental health facility, or nursing home. www.handgunlaw.us 4 (8) Any bus, train, or form of transportation paid for in whole or in part with public funds, and any building, real property, and parking area under the control of a public transportation facility paid for in whole or in part with public funds. (9) Any building, real property, and parking area under the control of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol. The owner of an establishment who knowingly fails to prohibit concealed firearms on its premises as provided in this paragraph or who knowingly makes a false statement or record to avoid the prohibition on concealed firearms under this paragraph is subject to the penalty under subsection (c-5) of Section 10-1 of the Liquor Control Act of 1934. (10) Any public gathering or special event conducted on property open to the public that requires the issuance of a permit from the unit of local government, provided this prohibition shall not apply to a licensee who must walk through a public gathering in order to access his or her residence, place of business, or vehicle. (11) Any building or real property that has been issued a Special Event Retailer's license as defined in Section 1-3.17.1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special Event Retailer's license, or a Special use permit license as defined in subsection (q) of Section 5-1 of the Liquor Control Act during the time designated for the sale of alcohol by the Special use permit license. (12) Any public playground. (13) Any public park, athletic area, or athletic facility under the control of a municipality or park district, provided nothing in this Section shall prohibit a licensee from carrying a concealed firearm while on a trail or bikeway if only a portion of the trail or bikeway includes a public park. (14) Any real property under the control of the Cook County Forest Preserve District. (15) Any building, classroom, laboratory, medical clinic, hospital, artistic venue, athletic venue, entertainment venue, officially recognized university-related organization property, whether owned or leased, and any real property, including parking areas, sidewalks, and common areas under the control of a public or private community college, college, or university. (16) Any building, real property, or parking area under the control of a gaming facility licensed under the Riverboat Gambling Act or the Illinois Horse Racing Act of 1975, including an inter-track wagering location licensee. (17) Any stadium, arena, or the real property or parking area under the control of a stadium, arena, or any collegiate or professional sporting event. (18) Any building, real property, or parking area under the control of a public library. (19) Any building, real property, or parking area under the control of an airport. (20) Any building, real property, or parking area under the control of an amusement park. (21) Any building, real property, or parking area under the control of a zoo or museum. www.handgunlaw.us 5 (22) Any street, driveway, parking area, property, building, or facility, owned, leased, controlled, or used by a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission. The licensee shall not under any circumstance store a firearm or ammunition in his or her vehicle or in a compartment or container within a vehicle located anywhere in or on the street, driveway, parking area, property, building, or facility described in this paragraph. (23) Any area where firearms are prohibited under federal law. (a-5) Nothing in this Act shall prohibit a public or private community college, college, or university from: (1) prohibiting persons from carrying a firearm within a vehicle owned, leased, or controlled by the college or university; (2) developing resolutions, regulations, or policies regarding student, employee, or visitor misconduct and discipline, including suspension and expulsion; (3) developing resolutions, regulations, or policies regarding the storage or maintenance of firearms, which must include designated areas where persons can park vehicles that carry firearms; and (4) permitting the carrying or use of firearms for the purpose of instruction and curriculum of officially recognized programs, including but not limited to military science and law enforcement training programs, or in any designated area used for hunting purposes or target shooting. (a-10) The owner of private real property of any type may prohibit the carrying of concealed firearms on the property under his or her control. The owner must post a sign in accordance with subsection (d) of this Section indicating that firearms are prohibited on the property, unless the property is a private residence. (b) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container. (c) A licensee shall not be in violation of this Section while he or she is traveling along a public right of way that touches or crosses any of the premises under subsection (a), (a-5), or (a-10) of this Section if the concealed firearm is carried on his or her person in accordance with the provisions of this Act or is being transported in a vehicle by the licensee in accordance with all other applicable provisions of law. (d) Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified in this Section as a prohibited area, unless the building or premises is a private residence. Signs shall be of a uniform design as established by the Department and shall be 4 inches by 6 inches in size. The Department shall adopt rules for standardized signs to be used under this subsection. www.handgunlaw.us 6 Note: All places as listed by the State as Off Limits must be posted. You can go here to read an email from an Illinois CCL Instructor on other items in IL law that may affect those carrying a firearm in Illinois. _________________________ Go Here: IDNR FAQs for more information on carrying defensive handguns while Hunting, Afield, on ATV’s and IDNR Property. Question: On what IDNR properties may an Illinois Concealed Carry Permit holder carry a concealed firearm? IDNR FAQs Answer: Illinois Concealed Carry Permit holders may carry a concealed firearm on any IDNR real property (including bike trails, trails, or any other designated public hunting area or building where firearm possession is permitted by the IDNR) with the following exceptions: All IDNR Office buildings, including but not limited to the Joel D. Brunsvold Building (IDNR Springfield Headquarters Building), IDNR Regional Office buildings, IDNR State Museum buildings, and any other IDNR building marked with the ISP-approved sign prohibiting firearms. All firearms, including concealed firearms, are also prohibited on all IDNR State Refuge areas, IDNR Dedicated Nature Preserves, and IDNR children playground areas. When visiting any of these locations, Concealed Carry Permit holders are required to secure their concealed firearms in their vehicle in accordance with the Illinois Concealed Carry Act. ------------------------------------------------------------------- Chicago and Laser Sights! 8-20-060 Possession of a Laser Sight Accessory, Firearm Silencer or Muffler. (a) It is unlawful for any person to carry, possess, display for sale, sell or otherwise transfer any laser sight accessory, or a firearm silencer or muffler. (b) The provisions of this section shall not apply to any members of the armed forces of the United States, or the organized militia of this or any other state, or peace officers, to the extent that any such person is otherwise authorized to acquire or possess a laser sight accessory, or firearm silencer or muffler, and is acting within the scope of his duties. (c) Any laser sight accessory, or firearm silencer or muffler, carried, possessed, displayed or sold in violation of this section is hereby declared to be contraband and shall be seized by and forfeited to the city. Note: The city of Chicago ordinance above and the Police Dept Notice to Officers stating to confiscate firearms with an attached laser sight is in effect in Chicago. Chicago is in the process of rewriting their firearm laws (9/11/13) to comply with the new state preemption and I am hearing that this is being removed in the new ordinance but looking at the bill I do not see this being removed. Use Caution! The Below listed cities in Illinois also ban Laser Sights. (There could be others) Cicero, IL Sec. 62-195 Thornton, IL Sec. 10-1-13 Do “No Gun Signs” Have the Force of Law? “Yes Section 70. Violations. (e) Except as otherwise provided, a licensee in violation of this Act shall be guilty of a Class B misdemeanor. A second or subsequent violation is a Class A misdemeanor. The Department may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for 3or more violations of Section www.handgunlaw.us 7 65 of this Act. Any person convicted of a violation under this Section shall pay a $150 fee to be deposited into the Mental Health Reporting Fund, plus any applicable court costs or fees. (f) A licensee convicted or found guilty of a violation of this Act who has a valid license and is otherwise eligible to carry a concealed firearm shall only be subject to the penalties under this Section and shall not be subject to the penalties under Section 21-6, paragraph (4), (8), or (10) of subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) of paragraph (3) of subsection (a) of Section 24-1.6 of the Criminal Code of 2012. Except as otherwise provided in this subsection, nothing in this subsection prohibits the licensee from being subjected to penalties for violations other than those specified in this Act. Section 65 (d) Signs stating that the carrying of firearms is prohibited shall be clearly and conspicuously posted at the entrance of a building, premises, or real property specified in this Section as a prohibited area, unless the building or premises is a private residence. Signs shall be of a uniform design as established by the Department and shall be 4 inches by 6 inches in size. The Department shall adopt rules for standardized signs to be used under this subsection. Section 1231.150 Administrative Rules Section 65 of the Act specifies areas where concealed carry of firearms is prohibited and requires posting of those areas. (a) A template for signs required pursuant to Section 65(d) of the Act is provided in Appendix A and is available on the Department's website. (b) Owners of prohibited areas may utilize signage larger in size than the template provided, at their discretion. If prohibited areas use a larger sign, the template provided shall be reproduced somewhere on the larger sign no smaller than the 4" x 6" dimension required by the Act. (c) Prohibited areas may include additional language on their signs. If prohibited areas include additional language, the template provided shall be reproduced somewhere on the larger sign no smaller than the 4" x 6" dimension required by the Act. (d) The required signs shall be clearly and conspicuously posted at the entrance of the building, premises or real property. The sign shall provide persons entering the property notice that they are entering a prohibited area in which, pursuant to the Act, they shall not carry a concealed firearm. “Handgunlaw.us highly recommends that you not enter a place that is posted "No Firearms" no matter what the state laws read/mean on signage. We recommend you print out the No Guns = No Money Cards and give one to the owner of the establishment that has the signage." As responsible gun owners and upholders of the 2nd Amendment we should also honor the rights of property owners to control their own property even if we disagree with them.” Illinois State Police Approved Signage for No Gun Signs Pursuant to Section 65(d) of the Firearm Concealed Carry Act, signs must be of a uniform design and the Illinois State Police is responsible for adopting rules for standardized signs. The Illinois State Police has proposed rules which require a white background; no text (except the reference to the Illinois Code 430 ILCS 66/1) or marking within the one-inch area surrounding the graphic design; a depiction of a handgun in black ink with a circle around and diagonal slash across the firearm in red ink; and that the circle be 4 inches in diameter. The sign in its entirety will measure 4 inches x 6 inches. Click Here to view the approved signage. Must Inform Officer Immediately on Contact By Law? “NO” www.handgunlaw.us 8 (g) A licensee shall possess a license at all times the licensee carries a concealed firearm except: (h) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection, and identify the location of the concealed firearm. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h). Parking Lot Storage Law Parking Lot Storage Section 65 (b) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container. (See Places Off Limits for those places listed in Subsections (a), (a-5 and (a-10).) Carry In State Parks//WMA/Road Side Rest Areas & St. /Nat. Forests Carry Allowed in these Areas: State Parks: YES (Not in Posted Buildings or Playgrounds) State/National Forests: YES State WMA’s: YES (Not in Posted Buildings or Playgrounds) (Not In Posted Buildings) State Refuge & IDNR Dedicated Nature Preserves: Road Side Rest Areas: NO NO Note: See the IDNR FAQs for more information on the above. RV/Car Carry Without A Permit/License Section 40 (e) Nothing in this Act shall prohibit a non-resident from transporting a concealed firearm within his or her vehicle in Illinois, if the concealed firearm remains within his or her vehicle and the non-resident: (1) is not prohibited from owning or possessing a firearm under federal law; (2) is eligible to carry a firearm in public under the laws of his or her state or territory of residence, as www.handgunlaw.us 9 evidenced by the possession of a concealed carry license or permit issued by his or her state of residence, if applicable; and (3) is not in possession of a license under this Act. If the non-resident leaves his or her vehicle unattended, he or she shall store the firearm within a locked vehicle or locked container within the vehicle in accordance with subsection (b) of Section 65 of this Act. (Source: P.A. 98-63, eff. 7-9-13.) Subsection (b) of Section 65 States: (b) Notwithstanding subsections (a), (a-5), and (a-10) of this Section except under paragraph (22) or (23) of subsection (a), any licensee prohibited from carrying a concealed firearm into the parking area of a prohibited location specified in subsection (a), (a-5), or (a-10) of this Section shall be permitted to carry a concealed firearm on or about his or her person within a vehicle into the parking area and may store a firearm or ammunition concealed in a case within a locked vehicle or locked container out of plain view within the vehicle in the parking area. A licensee may carry a concealed firearm in the immediate area surrounding his or her vehicle within a prohibited parking lot area only for the limited purpose of storing or retrieving a firearm within the vehicle's trunk, provided the licensee ensures the concealed firearm is unloaded prior to exiting the vehicle. For purposes of this subsection, "case" includes a glove compartment or console that completely encloses the concealed firearm or ammunition, the trunk of the vehicle, or a firearm carrying box, shipping box, or other container. Section 5. Definitions. As used in this Act: "Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle. Note: If you stop you can store the loaded handgun in the vehicle in a closed compartment in a locked vehicle or in a locked case out of view in the vehicle. You can’t leave your vehicle with a loaded handgun. You must unload and secure it in a closed container to transfer it to your trunk or to enter your motel room etc. You can store it as specified in the law above. Note: 20 IL Administrative Rules Section 1231.10 Definitions "Within a Vehicle" means within the passenger compartment of a passenger or recreational vehicle or within a lockable container secured to a motorcycle. Note: See “Chicago and Laser Sights” In the Places Off Limits Section as Laser Sights are Illegal in Chicago. _______________________________ Note: If you are traveling and don’t interrupt your trip for sightseeing or to get a room for the night but only stop for food and fuel you can transport an unloaded stored firearm under federal law 18-926A. As long as you are traveling you fall under federal law. If you stop you then fall under state law. Title 18 > Part 1 > Chapter 44 > § 926A § 926A. Interstate Transportation Of Firearms Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the www.handgunlaw.us 10 driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console. From the IL State Police: Is it illegal to have ammunition in the case with the firearm? No, if the firearm is unloaded and is properly enclosed in a case and the individual possessing the firearm and ammunition is in possession of a valid FOID card. From the IL State Police: Can I keep a firearm in my hotel room when I travel? Yes, assuming no local ordinance applies. The critical question is how the firearm was carried into the room and transported in a vehicle. Those actions must be done lawfully. Open Carry (Without A Valid Permit/License) You must have an Illinois Permit to Carry a firearm in Illinois. Open carry is not legal in Illinois. A handgun carried on or about a person with an Illinois Permit to Carry must be concealed from view of the public or on or about a person within a vehicle. State Preemption Section 90. Preemption. The regulation, licensing, possession, registration, and transportation of concealed handguns and ammunition for concealed handguns by licensees are exclusive powers and functions of the State. Any ordinance or regulation, or portion thereof, enacted on or before the effective date of this Act that purports to impose regulations or restrictions on licensees or concealed handguns and ammunition for concealed handguns in a manner inconsistent with this Act shall be invalid in its application to licensees under this Act on the effective date of this Act. This Section is a denial and limitation of home rule powers and functions under subsection (h) of Section 6 of Article VII of the Illinois Constitution. Note: All local restrictions on Handguns are null and void. Local Governments can keep their restrictions on long guns and magazine bans for long guns. Deadly Force Laws Criminal Offenses 720 ILCS 5/ Criminal Code of 1961. 720 ILCS 5/Art. 7 heading Article 7. Justifiable Use Of Force; Exoneration Sec. 7-1. Use of force in defense of person. Sec. 7-2. Use of force in defense of dwelling. Sec. 7-3. Use of force in defense of other property. Sec. 7-4. Use of force by aggressor. Sec. 7-5. Peace officer's use of force in making arrest. Sec. 7-6. Private person's use of force in making arrest. Sec. 7-7. Private person's use of force in resisting arrest. Sec. 7-8. Force likely to cause death or great bodily harm. Sec. 7-9. Use of force to prevent escape. Sec. 7-11. Compulsion. Sec. 7-12. Entrapment. www.handgunlaw.us 11 Sec. 7-13. Necessity. Sec. 7-14. Affirmative defense. Knife Laws State/Cities To access State/Local Knife Laws Click “Here” Carry in Restaurants That Serve Alcohol “YES” (Unless Posted) (9) Any building, real property, and parking area under the control of an establishment that serves alcohol on its premises, if more than 50% of the establishment's gross receipts within the prior 3 months is from the sale of alcohol. The owner of an establishment who knowingly fails to prohibit concealed firearms on its premises as provided in this paragraph or who knowingly makes a false statement or record to avoid the prohibition on concealed firearms under this paragraph is subject to the penalty under subsection (c-5) of Section 10-1 of the Liquor Control Act of 1934. Note: Bars etc that get more than 50% of their revenue from the sale of alcohol are off limits and must be posted. Chemical Sprays/Stun Gun/Higher Capacity Magazine Laws 720 ILCS 5/24-1 The use of a product “…containing a non-lethal noxious liquid gas or substance designed solely for personal defense carried by a person 18 years of age or older” (non-lethal is the key word in this Illinois Law) Illinois 430ILCS65/2 (from Ch. 38, par. 83-2) Sec. 2. Firearm Owner's Identification Card Required; Exceptions. (a) (1) No person may acquire or possess any firearm, stun gun, or taser within this State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Department of State Police under the provisions of this Act. (Electric weapons can only be carried ready for use in your home or place of business. In all other places including automobiles they must be secured and not ready for use even if you have a permit to carry a firearm.) Local Restrictions on Magazines: Aurora (§ 29-49) bans the possession, sale, or acquisition of large capacity feeding devices (magazines with a capacity of more than 15 rounds). Chicago 8-20-010 Definitions Previous ordinances on the restrictions have been deleted and this sections has all the restrictions for handguns and long guns in Chicago. The new preemption law voids all handgun restrictions in Illinois. Franklin Park (§ 3-13G-3) bans the transfer, acquisition, possession, manufacture or distribution of assault ammunition (any detachable ammunition magazine having a capacity of more than 16 rounds). Oak Park (§§ 27-2-1 and 27-1-2) bans the possession and sale of large capacity feeding devices (magazines with a capacity of more than 10 rounds). Riverdale www.handgunlaw.us 12 (§ 5.120.180 and 5.120.190) bans the possession, transfer, acquisition or manufacture of assault ammunition (a detachable magazine box with a capacity of “more than 35 rounds centerfire.”). Note: The above restrictions would only apply to Long Guns. The State has preempted all local handgun laws. LEOSA State Information LEOSA Information from IROCC LEOSA FAQs From the IL State Police Attorney General Opinions/Court Cases Illinois Supreme Court Decision Stating Car Console is a Storage Box Illinois Supreme Court Decision Visitors to State Don’t Need FOID Card US District Court Illinois – Carry Outside the Home Ruling US Appeals Court 7th District – Carrying Outside the Home and Must Issue. Illinois Supreme Court Decision Carrying Outside the Home Airport Carry/Misc. Information Airport Carry: NO Parking Lots OK if firearm is kept in Vehicle or stored in Trunk. Training Valid for: No Set Time Period in Law. Time Period to Establish Residency: Upon obtaining an Illinois Drivers License or State Issued ID. Minimum Age for Permit/License: 21 for Permit to Carry. Permit/License Info Public Information: State Fire arm Laws: 720 ILCS 5/7-1 - 5/7-14 720 ILCS 5/24-1 & 720 ILCS 5/33A-1 Chemical/Electric Weapons Laws: Body Armor Laws: FOID and Carry Permit 720 ILCS 5/24-1 State Deadly Force Laws: State Knife Laws: NO 18 for FOID Card with Parents OK. 720 ILCS 5/24-1 720 ILCS 5/33F Does Your Permit Cover Other Weapons Besides Firearms? NO Is carrying of a Concealed Firearm with Permit/License for Defensive Purposes Only While Hunting Legal? “YES” With the exception of deer, turkey, or dog training as explained in questions 1 and 2 above, an Illinois Concealed Carry Permit holder may possess a concealed firearm on their person or in their motor vehicle while in the field hunting any species of wildlife, unless the Concealed Carry Permit holder is in one of the prohibited areas listed in the Illinois Concealed Carry Act. See IDNR FAQs Here www.handgunlaw.us 13 Notes What Does IL Consider A Loaded Firearm? From the IL DNR Hunting and Trapping Regulations Q. How may I safely and legally transport ammunition in a vehicle? A. The location of ammunition being transported, including ammunition being transported in loaded magazines, is not regulated as long as the firearm is unloaded and encased, and the resident possessing the firearm/ammunition holds a valid F.O.I.D. card. State Emergency Powers (20 ILCS 3305/7) (from Ch. 127, par. 1057) Sec. 7. Emergency Powers of the Governor. (Edited for Space Considerations) (a) In the event of a disaster, as defined in Section 4, the Governor may, by proclamation declare that a disaster exists. Upon such proclamation, the Governor shall have and may exercise for a period not to exceed 30 days the following emergency powers; provided, however, that the lapse of the emergency powers shall not, as regards any act or acts occurring or committed within the 30 days period, deprive any person, firm, corporation, political subdivision, or body politic of any right or rights to compensation or reimbursement which he, she, it, or they may have under the provisions of this Act: (1) To suspend the provisions of any regulatory statute prescribing procedures for conduct of State business, or the orders, rules and regulations of any State agency, if strict compliance with the provisions of any statute, order, rule, or regulation would in any way prevent, hinder or delay necessary action, including emergency purchases, by the Illinois Emergency Management Agency, in coping with the disaster. (2) To utilize all available resources of the State government as reasonably necessary to cope with the disaster and of each political subdivision of the State. (3) To transfer the direction, personnel or functions of State departments and agencies or units thereof for the purpose of performing or facilitating disaster response and recovery programs. (5) When required by the exigencies of the disaster, to sell, lend, rent, give, or distribute all or any part of property so or otherwise acquired to the inhabitants of this State, or to political subdivisions of this State, or, under the interstate mutual aid agreements or compacts as are entered into under the provisions of subparagraph (5) of paragraph (c) of Section 6 to other states, and to account for and transmit to the State Treasurer all funds, if any, received therefor. (6) To recommend the evacuation of all or part of the population from any stricken or threatened area within the State if the Governor deems this action necessary. (7) To prescribe routes, modes of transportation, and destinations in connection with evacuation. (8) To control ingress and egress to and from a disaster area, the movement of persons within the area, and the occupancy of premises therein. (9) To suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles. (10) To make provision for the availability and use of temporary emergency housing. www.handgunlaw.us 14 Note: Federal Law can apply if the state is receiving monetary and/or other assistance from the Federal Government. See US Code 42-5207 for Federal Law as it applies to States of Emergencies. The state quoted code may also not be all of the law on Emergency Powers held by the state. You should read the entire code on Emergency Powers etc for this state by following the link to the state code. Minimum Age for Possessing and Transporting of Handguns. Illinois 18 Y/O 430 ILCS 65/4 Must have a FOID Card. If under 21 must have written consent of his or her parent or legal guardian to obtain FOID Card. This is the minimum age for possessing and transporting a handgun unloaded and secured in a vehicle without any type of permit/license to carry firearms. Some states (and counties) require Firearms Identification Cards, and/or registration. From the Illinois State Police FAQs Q. I am under the age of 21, can I apply for a FOID card? A. Yes. In addition to all other requirements, a person who is under 21 years of age must have the written consent of his or her parent or legal guardian to possess and acquire firearms and firearm ammunition. This includes having your application signed by a notary public. Also, he or she must not have been convicted of a misdemeanor other than a traffic offense or adjudged delinquent. The parent or legal guardian providing written consent must be eligible to possess a valid FOID card. Note: In some states Possession and Transportation CAN be very restrictive in that you can ONLY possess and transport a handgun to and from a Shooting Range, Gun Shop, property you own or other places you can legally possess a handgun. Some states do not have this restriction. This is not the last word on possession and transporting of handguns in this, or any other state. Study your state law further for more information. See “RV/Car Carry” Section Above for more information. Concealed Carry License and Firearm Owners Identification Card Images www.handgunlaw.us 15 Updates to this Page 1/4/13 – Links to Cook Co and Chicago AWB and Firearm Ordinances Added to How to Apply Section. 3/29/13 – All Links Checked and Repaired if Required. 5/10/13 – Federal Law on Transporting Firearms Added to RV/Car Carry Section. 5/31/13 – Open Carry Section Added 7/9/13 – Many Sections Updated With New Carry Law Information. 7/10/13 – FAQs From IL State Police Added to Links Section. RV/Car Carry Section Updated. Permit/FOID Info Public Info Updated. 7/11/13 – RV/Car Carry Section Updated. Info on Dates that certain parts of the Act have added to How to Apply Section. Do Gun Signs Have the Force of Law Section Updated. 7/15/13 – Municipal Sporting Rifle Bans Linked add to Links Section. 7/20/13 - Note added to Off Limits Section with link to Chicago PD Notice to Officers on New CCL law and how it applies. 8/1/13 – RV/Car Carry Section. Note addition info on you can store a loaded firearm in a locked vehicle added before exiting. 8/15/13 – RV/Car Carry Section Updated. 9/7/13 – All Links Checked. 9/12/13 – Chicago & Other Cities Concerning Laser Sights Being Illegal Added to Places Off Limits Section. 9/14/13 – IL Firearm Trainers Link Added to Links Section. IL Supreme Ct Ruling on Carry Outside the Home Added. 10/12/13 – Airport Wording updated for Vehicle Storage in Airport/Misc Section. 10/18/13 – St Police Approved Signage description and link to Approved signage added to No Gun Signs Section. 10/20/13 – Link to Approved Prior Training Accepted Added to How to Apply Section. Note Added to Non Resident Section on IL listing states that those can apply for Non Resident Permits in Illinois. 10/25/13 – Link to Synopsis of New Carry Law by IL Sen Jason Barick Added to First Section of Page. 11/17/13 – Notice added to States This State Honors Section with link to Draft Administrative Rules. 11/29/13 – Link added to Places Off Limits to Email from IL CCL Instructor on Laws. Stun Guns/Chem Weapons/Hi Cap Mag Section updated with where Electric weapons can be possessed. 12/14/13 – Resident and Non-Resident Sections Updated with latest info from the IL State Police. Links in Links Section Updated. IL State Police adding more info and moving some links. 12/23/13 – Notice Added to How to Apply Section on Paper Applications and Trainers Being Able to Apply Now. 12/30/13 – In How to Apply Section Paper Applications Will Not be Accepted until July 1, 2014. Non Resident Section Updated With List of States that Illinois Will Accept Non-Resident Applications From. Carrying Defensive Handgun while Hunting Added to Airport Carry/Misc Section. 1/6/14 – Open Carry Section Updated. IL Carry Law Added to Links Section. All Links Checked. 1/21/14 – Link to Adopted Administrative Rules updated in 1 st Section. How to Apply Section Updated with Paper Application Info and FOID Card changes. 1/31/14 – Note Updated in RV/Car Carry Section. 2/26/14 – Additional Wording on Home State Permit Required to Car Carry in Illinois. 3/1/14 – IDNR FAQ on Carrying Link added to Links Section and Places Off Limits Section. Carrying Firearm While Hunting In Misc Section Updated. Carry in St Parks, St/Nat Forests, WMA and Road Side Rest Areas Section Updated. Image of IL CCL Added to Permit/License Image Section. 3/4/14 – Chicago Listing on Firearm Restrictions Updated in Stun Guns/Chemical Weapons/Higher Cap Mag Section. 3/31/14 – South Carolina Added to Non Resident Permit Section as State Resident who can apply for Non Res IL License. Link to Firearm Administrative Rules added to Links Section and Link to Temp Rules Removed. 4/9/14 - Wisconsin Now Honors Illinois. All Links Checked. 4/17/14 - Roselle, IL Removed their ban on Lazers. Info in Places Off Limits Updated. 4/28/14 – Transporting Firearms Link Removed from Links Section. No Longer Available or ISP are rewriting them. 5/5/14 – Link Added to Non Resident Section on Criteria Other States Must Meet to Apply for a Non-Resident Permit. VA Added to list of states in Non Resident Section That Can Apply For a IL Non-Resident Permit. 5/22/14 – New Mexico Added to List in Non Resident Permit Section. 6/12/14 – Nebraska Now Honors Illinois. 6/13/14 – Must Notify Officer and RV/Car Carry Section Updated With New Wording from Latest Law Change. 7/1/14 – Appling by phone information added to How to Apply Section. 7/15/14 – All links Checked and Updated if Required. 7/29/14 – Nevada Now Honors Illinois. 8/2/14 – Montana Now Honors Illinois. 8/5/14 – Reverse of IL License to Carry Added to Image Section. www.handgunlaw.us 16